Friends of Toppenish Creek

FOR IMMEDIATE RELEASEJune 16, 2016Contacts:Andrea Rodgers, Western Environmental Law Center, 206-696-2851, rodgers@westernlaw.orgChris Wilke, Puget Soundkeeper, 206-297-7002, chris@pugetsoundkeeper.orgHelen Reddout, Community Association for Restoration of the Environment, 509-840-0335, hred1936@gmail.comJean Mendoza, Friends of Toppenish Creek, 509-874-2798, jeanrmendoza@icloud.comCharlie Tebbutt, Law Offices of Charles M. Tebbutt, 541-285-3717, charlie@tebbuttlaw.comEcology's Draft CAFO Water Quality Permit Sacrifices PublicHealth, Drinking Water, Shellfish BedsSEATTLE – Yesterday, the Washington State Department of Ecology (Ecology) issued a draft concentrated animalfeeding operation (CAFO) general discharge permit, replacing one that expired in 2011. Faced with the opportunity toprotect Washingtonians from industrial agriculture pollution, Ecology instead chose to ignore the recommendations of itsown scientists and bowed to "big ag," writing a convoluted, two-tiered draft permit that fails to protect our mostfundamental natural resource–clean water.The 200,000 adult dairy cows in Washington state produce up to 20 million pounds of manure each day collectively. Toomuch of this manure enters Washington’s surface and groundwater, causing significant public health and pollutionproblems. For example, the Sumas-Blaine Aquifer in north Whatcom County, home to numerous industrial dairy farms, isthe major drinking water source for up to 27,000 residents. Ecology and the U.S. Geological Survey report 29 percent ofsampled wells in the aquifer exceed the nitrate maximum contaminant level (MCL), with 14 percent more than double theMCL. Over-application of manure to fields as fertilizer is common practice and is estimated to contribute 66 percent ofnitrate inputs to these residents' water supply, and 58 percent of nitrate contamination in the Lower Yakima Valley, whichhosts the largest concentration of CAFOs in the state. Just last month Ecology issued a report confirming nitrate loadingdue to over-application of manure from CAFOs "contributes significantly to groundwater nitrate contamination."After being held hostage by the political influence of big ag during a five-year renewal process, the agency's proposedpermitting scheme does little to address this major source of water pollution. First, instead of issuing one permit thatprevents discharges of pollution to surface and groundwater, Ecology adopted big ag’s unsuccessful legislative attempt torequire a state-only permit for groundwater discharges. This regulatory regime does not require transparency and preventsenforcement.Second, Ecology disregarded the recommendations of its own scientific experts and did not require groundwatermonitoring as part of the permit, even though that monitoring is routine for industrial operations that discharge togroundwater. Ecology has previously characterized groundwater monitoring as "the best indicator of risk."Third, Ecology caved to big ag’s desire to avoid numeric manure application limits and limited soil sampling to two feetinstead of three feet, thereby inhibiting the agency’s ability to ensure CAFOs apply manure in a manner that protectssurface and groundwater.Finally, Ecology illegally deferred to the Washington State Department of Agriculture, an agency with a proven trackrecord of failing to protect public health and prevent pollution from CAFOs, to determine which facilities should becovered by a permit."It is truly unfortunate that Ecology has decided to disregard the science and develop a permitting scheme that fails toprotect the environment and public health," said Andrea Rodgers of the Western Environmental Law Center. "Thisapproach is yet another step backward and once again puts the burden on citizens to protect themselves from CAFOpollution. We have readily available technological solutions to prevent the pollution and Ecology should be facilitatingthose solutions, not standing in the way.""Every citizen has a right to clean water. Pollution from industrial agriculture is choking our rivers, imperiling shellfishand endangering salmon", said Chris Wilke of Puget Soundkeeper. "By removing citizen oversight, enforcement andaccountability, Ecology has done the ag lobby’s bidding, which does not bode well for our salmon or our waterways.""After all these years, Ecology still doesn’t care about the people who suffer from CAFO pollution," said Helen Reddout,president of the Community Association for Restoration of the Environment. "CARE has led the fight on behalf of thepublic and the agencies have ignored the truth.""In Yakima County, large dairies draw pure water from the deep aquifers for their cows and they pollute the shallowaquifers that people use for domestic wells," said Jean Mendoza of Friends of Toppenish Creek. "Poor people can spendover 5 percent of a family budget just for safe drinking water. The evidence is indisputable. Groundwater pollution comesfrom the dairies. The groundwater feeds the Lower Yakima River, the second most polluted river in the state. This permitmust be stronger and enforceable."Charlie Tebbutt, an attorney who successfully prosecuted a drinking water contamination case against three large dairyCAFOs in the lower Yakima Valley, said "This proposed permit is nothing more than the stuff it is supposed to regulate.Director Bellon has chosen to continue to put the health of tens of thousands of Washingtonians at risk, just like herpredecessors. It is shameful."To protect Washington families, friends, and neighbors from being exposed to dangerous levels of nitrates, fecal coliform,and other pollutants in their drinking water, Ecology must incorporate the following provisions in its final permit:• Mandatory groundwater monitoring• Science-based manure application requirements and restrictions• Science-based riparian buffers for salmon-bearing streams• Implementation of best technology for CAFO operations such as synthetically-lined manure lagoons and otherknown and reasonably available technologies to eliminate discharges to surface and groundwaterEcology is accepting public comments on the permit through 5:00 pm on August 17, 2016. Public hearings will be held onTuesday July 26, 2016 at 6:00 pm at Whatcom Community College and Thursday July 28, 2016 at 6:00 pm at the YakimaConvention Center. Ecology will also be holding a webinar on the draft permit on Wednesday July 27 at 2:00 pm.Background:Washington is home to over 400 dairies, with an average herd size of 500 cows. Dairies with more than 500 cowsrepresent more than three fourths of the state’s production. The vast majority of these operations are CAFOs, in whichanimals are not kept in grazing pastures, but packed together in barns and feedlots, standing in their own waste every dayof the year. An adult dairy cow generates 120 pounds of manure per day. The 200,000 adult dairy cows in Washingtonproduce up to 20 million pounds of manure each day, collectively. Much of this manure is getting into Washington’ssurface and groundwater, causing significant public health and pollution problems.Agencies have found that all unlined manure storage lagoons leak at least 1,000 gallons per day per acre. There areapproximately 415 unlined manure storage lagoons in close proximity to the waters that feed Puget Sound, all of whichare contributing nitrates, fecal coliform, and other pollutants to the waters of the state.Groundwater is the drinking water supply for approximately 60% of people who reside in Washington state. Several areasof the state with high concentrations of CAFOs, including the Sumas-Blaine Aquifer and the Lower Yakima Valley, havebeen found to have high levels of nitrates in drinking water. Nitrates are toxins. High doses particularly threaten pregnantmothers, babies, and seniors, causing methemoglobinemia, or "blue baby syndrome," which can be fatal.The Washington Department of Health, other agencies and tribal governments have confirmed that manure from dairyCAFOs is largely responsible for the shellfish bed closures that have plagued Puget Sound.In January 2015, federal district judge Thomas Rice found that Cow Palace Dairy, a large CAFO in the Lower YakimaValley, was creating a public health risk by over-application of manure and leaking manure lagoons. The judge found thatthe dairy’s lagoons leaked a minimum of three million gallons per year, contributing to the contamination of nearbydrinking water wells. Local citizens and the Dairy agreed to strict operational changes to remedy the problems, andEcology has ignored these basic technological fixes.Report:Agricultural Pollution in Puget Sound: Inspiration to Change Washington's Reliance on Voluntary Incentive Programs toSave SalmonMaps:Puget Sound lagoon distance from nearest water body map: http://bit.ly/1MZnLzzWhatcom and Skagit Counties distance from nearest water body map: http://bit.ly/1SkvfzXWhatcom and Skagit County lagoon excavation depth map: http://bit.ly/1feWygS###

Uncertainty Remains About Water Availability for Proposed Hydro Project

Written by Kelly Mistry

Similkameen Falls in front of Enloe Dam

Olympia, WA – River advocacy groups will return to the courtroom on Friday, April 3, to challenge a decision that could reduce Similkameen Falls in Northeastern Washington to a trickle. The Falls, located on the Similkameen River just downstream of the abandoned Enloe Dam, are a popular scenic attraction and have important cultural and ecological values. Okanogan Public Utility District is currently seeking to re-energize Enloe Dam, although uncertainties surrounding the amount of water available for the project raise questions about its future costs and viability.

The Center for Environmental Law & Policy, American Whitewater and North Cascades Conservation Council are challenging a decision by the Washington Department of Ecology to issue a water right to the Okanogan PUD for the renewed operation of Enloe Dam. A Pollution Control Hearings Board (PCHB) decision in 2013 allows Ecology and PUD to delay required aesthetics studies until after the project is completed, raising concerns that there is not enough water for both hydropower production and aesthetic flows.

“Ecology is required to determine whether granting a water right will harm the public interest before issuing it. Here, they are deferring that decision until after the project is built, something they cannot do when allocating public water resources” said Andrea Rodgers, an attorney representing the river groups.

Economic studies show that re-energizing Enloe Dam doesn’t make financial sense, and will cost local ratepayers even more money if aesthetic and minimum flows are required.

“Ultimately, the PUD doesn’t know how much water they will actually have to work with to generate power,” said Thomas O’Keefe, Pacific Northwest stewardship director for American Whitewater. “This puts a huge amount of ratepayer dollars at risk.”

Despite the economic uncertainty, the PUD has stated that it plans to move forward with re-energizing the dam, which has sparked backlash from ratepayers.

Salmon jumping over Similkameen Falls

“To avoid this monumental loss, OPUD has no choice but to pass the costs along to the ratepayers,” said Jere Gillespie of the Columbia River Bioregional Education Project. “If Enloe proceeds, costs to construct, maintain and operate, and later remove the dam, would place in debt the rate-paying families $180 million over 50 years.”

“The new water right for the dam fails to protect instream flows as required by the Similkameen River rule,” said Rachael Paschal Osborn. “This directly contradicts a 2013 Supreme Court decision regarding the Skagit River, holding that these rules are ‘water rights for the river’ and may be violated only in the most narrow of circumstances.”

Oral argument will be held on April 3, 2015, 1:30 p.m. at Thurston County Superior Court, 2000 Lakeridge Drive SW, Building 2, Olympia, Wash. The river groups are all members of the Hydropower Reform Coalition, and are represented by public interest attorneys Andrea Rodgers and Rachael Paschal Osborn.